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(영문) 대전지방법원 2014.06.19 2013노2782
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of one year and six months, a suspended sentence of two years, a probation, and a community service order) imposed by the court below is deemed unreasonable.

2. The crime of this case is a case where the defendant's knife knife knife knife caused a knife injury on the ground of the victim's dancing, and its nature is not good in light of the criminal tool or method. However, the defendant at the court below, as a result, paid 4 million won to the victim in the name of treatment expenses and consolation money, and deposit 2.5 million won in addition, the amount equivalent to the treatment expenses is considered to have been fully compensated. The defendant in the trial at the trial at the trial at the trial at the time when the victim expressed his intention not to punish the defendant, the victim expressed his intention not to punish the defendant, without any particular violence, and taking full account of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence, circumstances before and after the crime, so the prosecutor's assertion of unfair sentencing is not reasonable

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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